Wife was caught cheating and told me she doesn't want to be with me anymore. So I went to a friend's house for a few days, cause I tried to work things out and she said no. Now I want to go home and have my stuff and see my kids but she doesn't want me to. She says it will street her out to much.
No, she may not keep you out of the house, short of there being a restraining order entered. That does not seem to be the case here. Therefore, you both have equal rights to remain in the home.
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Without a Domestic Violence Restraining Order, you cannot be required to stay out of the home. You should consult with an experienced family law attorney in your area for advice on how to proceed and what rights you have.
You are both entitled to remain in the home while a divorce is pending. In fact, most couples live together while the divorce is on going because it is cost prohibitive to maintain 2 separate residences. You should retain counsel immediately who can communicate with your wife regarding this and other issues which will hopefully make for smooth divorce proceedings.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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